Ploom Club Membership Agreement

Ploom Club Membership Agreement

This Ploom Club Membership Agreement (“Agreement”) is entered into between Cipro Investment and Trading Ltd., located at Semih Sancar Caddesi No. 2A, Kyrenia, TRNC, acting as the authorized distributor of JT International SA in the Turkish Republic of Northern Cyprus (hereinafter referred to as “we,” “us,” or “Cipro”), and you (hereinafter referred to as “you” or the “member”), who wish to join the Ploom Club program (“Ploom Club”).

Other Applicable Provisions

The following additional provisions are incorporated into this Agreement by reference and shall be interpreted together with the terms of this Agreement in relation to your Ploom Club membership, forming an integral part hereof:

-          Privacy Policy contains information regarding the personal data collected within the scope of your Ploom Club membership.

-          Cookie Policy contains information regarding the cookies collected within the scope of Ploom Club.

-          Ploom Website Terms of Use contain the terms and conditions applicable to the website on which you create your membership and access your account within the scope of your Ploom Club membership.

1.       Introduction

1.1.             Membership Conditions. In order to become a member of Ploom Club, you must be at least 18 years of age, reside in the Turkish Republic of Northern Cyprus, and create an account via www.trnc.ploom.com (“Our Website”) or through other platforms established or to be established by us for Ploom Club (together with Our Website, the “Platforms”).Ploom Club membership is intended solely for individual, non-commercial users who meet the above requirements. Membership is personal to you, and you may not create an account on behalf of another person. You are permitted to create only one Ploom Club account.

1.2.             Limitations. Ploom Club, Our Website, or the Platforms are accessible only within the Turkish Republic of Northern Cyprus (“Territory”). You may not be able to become a Ploom Club member or access your existing membership from outside the Territory. Due to changes in the regulations in force within the Territory or legal obligations applicable outside the Territory, Ploom Club membership may be suspended, terminated, restricted, or restored, and the terms and conditions applicable to your Ploom Club membership, including this Agreement, may be amended. You may not use, transfer, or assign the points, Ploom Club Benefits, or vouchers obtained within the scope of your Ploom Club membership in Ploom stores located outside the Territory, nor may you transfer them to other Ploom Club accounts.

1.3.             Ploom Club program. Ploom Club is a type of loyalty program that offers its members various benefits—such as discounts, campaigns, and third-party products and services or discounts and campaigns related to such third-party products and services—in exchange for the points they accumulate (collectively referred to as “Ploom Club Benefits”). In order to access Ploom Club Benefits, you must meet the membership requirements and continue to satisfy these requirements throughout your Ploom Club membership. Ploom Club membership may consist of different tiers, as described in detail below. Transitions between tiers may be subject to certain conditions. Cipro reserves the right to unilaterally amend these conditions. Depending on the tier of your Ploom Club membership, the Ploom Club Benefits may vary.

1.3.1.Ploom Club Silver membership. Your Ploom Club membership begins at the entry-level tier referred to as “Silver.” A minimum of 0 (zero) points is required for Silver membership. Cipro reserves the right to unilaterally amend the terms and conditions applicable to Silver membership.

1.3.2.Ploom Club Gold membership. For the Ploom Club “Gold” membership tier, a minimum of 1,500 (one thousand five hundred) points must be accumulated. Cipro reserves the right to unilaterally amend the terms and conditions applicable to Gold membership.

1.3.3.Ploom Club Black membership. For the Ploom Club “Black” membership tier, a minimum of 3,000 (three thousand) points must be accumulated. Cipro reserves the right to unilaterally amend the terms and conditions applicable to Black membership.

Membership tiers may be downgraded if the points required for Ploom Club membership and other applicable conditions are no longer met. In such cases, the User shall lose the benefits associated with their previous membership tier as of the date of the downgrade.

2.       Ploom Club Benefits and Points

2.1.             Ploom Club Benefits. Unless otherwise specified in the applicable campaign terms, Ploom Club Benefits are personal to the member who has earned the points, may not be transferred, and may not be used by any other person. Ploom Club Benefits are valid only for Ploom devices and accessories for which we are the distributor, as well as for other third-party products and services in accordance with agreements concluded with such third parties. Detailed provisions regarding each Ploom Club Benefit are set out in the applicable campaign terms. In the absence of a specific provision, this Agreement shall apply. We reserve the right to unilaterally amend the Ploom Club Benefits.

2.2.             Other Ploom Club Benefits. Various Ploom Club Benefits may be assigned to members on their birthdays or on other special occasions (such as Valentine’s Day, Ploom Club membership anniversaries, etc.), as specified in the relevant campaign terms. Such Ploom Club Benefits may be independent of point earning and redemption. These benefits are subject to the terms and conditions set out in the applicable campaign. Ploom Club Benefits granted specifically for a member’s birthday shall be assigned only once per year for each member. In the event that a member enters an incorrect date of birth or fails to enter their actual date of birth into the Platform, the date of birth recorded on the Platform shall prevail. In the event that a member changes their date of birth during the year: (i) if the birthday has not yet occurred, the new date of birth shall apply; (ii) if the birthday has already occurred and a Ploom Club Benefit has been assigned but not used, the previously recorded date of birth on the Platform shall apply; and (iii) if the birthday has already occurred and a Ploom Club Benefit has been assigned and used, no additional Ploom Club Benefit shall be granted for the new date of birth.

2.3.             Points earning. Ploom Club members may earn points to be redeemed for Ploom Club Benefits. These points are credited to your membership account through various activities, such as purchases of Ploom devices or accessories at participating sales points, registering your Ploom device through the Platforms, or completing certain surveys. Points may be earned through different methods, as specified in the applicable campaign terms. Unless otherwise stated in the relevant campaign conditions, points are personal to the member and the membership, and may not be transferred or converted into cash. We reserve the right to unilaterally change the maximum number of points that can be accumulated per transaction, whether through purchases or other point-earning activities. Certain device and accessory purchases may not be eligible for point earning.

2.4.             Points redemption. Ploom Club members may redeem only the points associated with their own membership, in accordance with the applicable campaign terms governing such points, if any. In the absence of provisions in the campaign terms, the provisions of this Agreement shall apply.

In a single redemption, Ploom Club members may benefit from discounts corresponding up to the maximum amount, if any, specified in the applicable campaign terms. Unless otherwise stated in the campaign conditions, points may not be combined with other Ploom Club Benefits.

Unless otherwise specified in the applicable campaign terms, points may not be redeemed for

discounted Ploom devices and accessories. In campaigns involving the bundled sale of Ploom devices and accessories, point redemption may not be available. We reserve the right to unilaterally amend how and in which of our products, or third-party products or services, points may or may not be used. Points may not be used for commercial purposes.

2.5.             Cancellation of points. The earning of points does not guarantee that such points cannot subsequently be cancelled. In the event that Ploom devices or accessories purchased and giving rise to the accrual of points are returned, the points earned from such transactions shall be cancelled.

Points shall also be cancelled if it is determined that the provisions of this Agreement have been violated in relation to the accrual of such points.

2.6.             Other provisions relating to points. Points may not be transferred, converted into cash, or used for service-related activities concerning your Ploom device. You may use your points only in accordance with the provisions of this Agreement within the scope of Ploom Club Benefits or for products and services specified in the applicable campaign terms, and in compliance with such conditions. Points are exhausted upon use. Ploom Club membership does not guarantee the accrual of points. If you close the account you have created through Ploom Club, your points will be deleted and will not be refunded or otherwise reinstated. Unless otherwise specified in the campaign terms, points must be redeemed no later than the end of the subsequent calendar year. Points not used within this period will be deleted and will not be refunded or otherwise reinstated.

3.       Gift Vouchers

3.1.             Ploom gift vouchers. Gift vouchers may from time to time be granted to Ploom Club members for use at selected stores or sales points. Gift vouchers are valid only for Ploom devices and accessories. Gift vouchers may not be combined with Ploom Club Benefits or points. Gift vouchers are non-convertible into cash. Unless otherwise specified in the applicable campaign terms, gift vouchers are personal to the member and may not be transferred. Gift vouchers may not be combined with other gift vouchers or campaigns. Gift vouchers may not be used for commercial purposes and may not be exchanged for points or other Ploom Club Benefits. We reserve the right to unilaterally amend the terms applicable to gift vouchers. In the event that devices or accessories purchased with a gift voucher are returned within the legally permitted period, the value of the gift voucher shall be deducted from the refund amount, and the gift voucher itself shall not be reinstated.

3.2.             Gift vouchers for third-party products and services. Gift vouchers may from time to time be granted to Ploom Club members for use in connection with selected third-party products and services. Such gift vouchers may not be combined with Ploom Club Benefits or points and may not be converted into cash. Unless otherwise specified in the applicable campaign terms, gift vouchers are personal to the member and may not be transferred. Gift vouchers may not be combined with other gift vouchers or campaigns and may not be used for commercial purposes. Gift vouchers may not be exchanged for points or other Ploom Club Benefits. We reserve the right to unilaterally amend the terms applicable to gift vouchers. The terms and conditions applicable to gift vouchers for third-party products and services may change in accordance with agreements concluded with such third parties. We hereby disclaim any responsibility for such changes.

3.3.             Gift vouchers obtained through Points. If you have accumulated sufficient points under your Ploom Club membership, you may redeem such points and convert them into gift vouchers. In the event that you convert your points into gift vouchers in this manner, such gift vouchers may not be converted back into points. Gift vouchers obtained in this way are not subject to the validity period applicable to points and must be used within the period specified for the relevant gift voucher. If not used within that period, the gift voucher will expire and be deleted. Points used for gift vouchers that subsequently expire will not be refunded. In the event that the gift voucher is intended for third-party products or services, we shall not be responsible if such vouchers cannot be used due to reasons attributable to third parties. Gift vouchers that cannot be used in this manner may not be converted back into points or exchanged for other vouchers.

3.4.             Allocation of gift vouchers. Gift vouchers may be assigned to your membership via the Platforms, delivered to your email address through digital means such as QR codes, URLs, barcodes, or PDF files, sent via SMS in the form of unique codes or serial numbers, or physically delivered to you.

Gift vouchers shall be deemed delivered via email or SMS within 24 hours following your request or transaction. If the gift vouchers have not been delivered to you within this period, you may contact the Ploom Support Team. In the case of physical delivery, the gift voucher shall be deemed delivered to you at the time the relevant purchase or other transaction giving rise to the allocation of the gift voucher is completed at the relevant store. You are responsible for any loss, damage, destruction, tearing, or the voucher becoming illegible, incomprehensible, or unverifiable in authenticity in relation to physical gift vouchers. Gift vouchers that are lost, damaged, torn, illegible, incomprehensible, or cannot be verified in authenticity shall not be refunded, replaced, or reissued.

4.       Refer a Friend Program

4.1.             Program description. The Refer a Friend Program is a program that enables you to earn points by referring a friend who subsequently purchases a Ploom device (the “Program”). Within the scope of the Program, the terms used in the interpretation of these provisions and their meanings are as follows: (i) Referrer: the member who currently has a Ploom account with a registered device and an active Ploom Club account, (ii) Referee: a person aged at least 18 who possesses the Referrer’s Referral Code, (iii) Referral Code: the unique code generated for the Referrer to transmit to the Referee, (iv) Referral Date: the date on which the Referrer communicates the Referral Code to the Referee, (v) Benefit: the points credited to the accounts of the Referrer and the Referee, and the corresponding Ploom Club Benefits obtained as a result of the Referee purchasing a Ploom device using the Referral Code. The Program applies only to referrals relating to Ploom devices.

4.2.             Referrer conditions. The Referrer must: (i) have a Ploom account with a registered device and an active Ploom Club account; (ii) obtain the Referee’s consent before sharing the Referral Code; (iii) confirm that the Referee is at least 18 years of age and currently uses nicotine-containing products before sharing the Referral Code; (iv) ensure that the Referee is informed of this Agreement and the other terms and conditions that may apply together with the Agreement; and (v) share the Referral Code only with the Referee, and not make it accessible to others or distribute it in environments accessible to a large number of people, such as social media or communication groups. Otherwise, we shall not be responsible for the Referrer’s and/or the Referee’s inability to benefit from the Benefit.

4.3.             Referee conditions. The Referee must: (i) be an adult of at least 18 years of age who currently uses nicotine-containing products; (ii) not have an existing Ploom or Ploom Club account; and (iii) be a person who has not previously participated in the Program and who is purchasing a Ploom device for the first time.

4.4.             Program process. The Referrer may obtain and/or generate a Referral Code within their Ploom Club account. This code may be shared with the Referee in accordance with the conditions specified above. The Referee becomes entitled to the Benefit by using the Referral Code in their first purchase of a Ploom device, and upon such first purchase, the Referrer also becomes entitled to their own Benefit. However, in order for the Referee to use the Referral Code, they may be required to create a Ploom account and register their device. Otherwise, entitlement to the Benefit may not arise.

4.5.             Referral code. The Referral Code must be used within a maximum period of 2 (two) years from the Referral Date. No Benefit shall be granted in relation to Referral Codes that are not used within this period. A Referee who does not use the Referral Code within its validity period shall no longer be eligible to benefit from the Program.

4.6.             Limitations. Within the scope of the Program, you may not refer yourself or the same person more than once. However, you may refer multiple individuals who meet the conditions of being a Referee using the Referral Code. A maximum of 5 (five) persons may be referred within one month. We reserve the right to unilaterally amend the maximum number of referrals.

4.7.             Benefits. Benefits are valid for Ploom devices or for the products and services specified in the Program Terms or in the applicable campaign terms. In the event that any use in violation of the Program terms and conditions is subsequently identified, we reserve the right to unilaterally cancel the Benefit. Cancelled Benefits may not be converted into Ploom Club Benefits or gift vouchers. Benefits may not be converted into cash.

4.8.             Other Applicable Terms and Conditions. We may publish additional terms and conditions relating to the Program on the Platforms or in our stores. In the event of any inconsistency between such published terms and the provisions of this Agreement, the published terms shall prevail.

5.       Miscellaneous

5.1.             Campaign terms. As Cipro, within the scope of this Agreement, we may publish separate terms for various campaigns, including but not limited to points, Ploom Club Benefits, gift vouchers, and the Program. Such terms may be accessible via the Platforms or our stores, may be communicated to you by email, or may be provided as part of the digital content through which the relevant campaign is made available to you, including via URL, QR code, or PDF. The campaign terms provided in this manner shall be deemed an integral part of this Agreement. In the event of any conflict between such campaign terms and the provisions of this Agreement, the relevant campaign terms shall prevail, and the provisions of this Agreement shall apply to any matters not addressed in the campaign terms.

5.2.             Breach of the Agreement Provisions. In the event that we determine that you have acted in violation of the provisions of this Agreement, the other terms and conditions applicable to your Ploom Club account, or the relevant campaign terms, we may close or suspend your Ploom Club account and cancel the relevant points, Ploom Club Benefits, or gift vouchers. We reserve the right to claim any damages incurred by us or by third parties as a result of such breach.

5.3.             Assignment to Third Parties. We may assign our rights and obligations arising under this Agreement to third parties located in the Turkish Republic of Northern Cyprus or abroad, including JT International SA and group companies engaged in joint economic activities with JT International SA (collectively, “JTI”). Unless expressly stated in this Agreement or in other terms and conditions applicable to your Ploom Club membership, you may not assign your rights and obligations to third parties.

5.4.             Non-exercise or late exercise of rights. Our failure to exercise immediately any rights arising from this Agreement or from other terms and conditions applicable to your Ploom Club membership shall not be construed as a waiver of such rights.

5.5.             Limitation of liability. Within the scope of this Agreement or other terms and conditions applicable to your Ploom Club membership, we shall not be liable for any damages suffered by you or by third parties arising from: (i) your breach of your obligations; (ii) your provision of incomplete or misleading information; (iii) your failure to timely exercise the rights and benefits granted to you; (iv) your violation of the laws of the Turkish Republic of Northern Cyprus; and (v) without limitation, your fault or negligence. In the event that our liability arises in any manner, such liability shall in all cases be limited to the direct damages incurred. We shall not be liable for any damages arising from our failure to perform, or delay in performing, our obligations under this Agreement or the applicable campaign terms due to reasons beyond our control or despite taking reasonable measures. Such circumstances beyond our control include, but are not limited to, earthquake, flood, natural disasters, fire, war, civil unrest, coup, strike, lockout, pandemic, epidemic, changes in the laws of the Turkish Republic of Northern Cyprus, or decisions of courts or administrative authorities.

5.6.             Invalidity of the agreement provisions. The invalidity of any provision, in whole or in part, of this Agreement, other terms and conditions applicable to your Ploom Club membership, or the relevant campaign terms shall not affect the validity of the remaining provisions. Where any provision is deemed invalid under the laws of the Turkish Republic of Northern Cyprus due to exceeding the permissible limits, such provision shall remain in effect to the maximum extent permitted by law.

5.7.             Governing law and jurisdiction. Any disputes that may arise between the Parties in connection with the provisions of this Agreement, other terms and conditions applicable to Ploom Club membership, and the relevant campaign terms shall be governed by the laws of the Turkish Republic of Northern Cyprus, and the courts of the Turkish Republic of Northern Cyprus shall have jurisdiction.

5.8.             Amendment of the agreement. We reserve the right to unilaterally amend the provisions of this Agreement, the other terms and conditions applicable to your Ploom Club membership, as well as the relevant campaign terms. Such amendments shall become effective as of the date on which they are published.

5.9.             Notification addresses. Your notification address shall be the address you have provided within the scope of your Ploom Club membership, and any notifications made to this address shall be deemed valid. Therefore, we recommend that you keep your address information up to date within your Ploom Club membership. Our notification address is the address set out in this Agreement.

Communications regarding this Agreement, other terms and conditions applicable to your Ploom Club membership, and the relevant campaign terms may be carried out via the email address you have provided within your Ploom Club membership. Such communications shall be deemed to constitute valid notification. Accordingly, we recommend that the email address you provide within your Ploom Club membership is up to date and actively used.

5.10.         Entry into force. This Agreement shall enter into force as of the date on which you create your Ploom Club membership.

5.11.         Prevailing Language. In the event of any discrepancy between the Turkish and English versions of this Agreement, the Turkish version shall prevail.

You may contact the Ploom Support Team at any time regarding your Ploom Club membership by sending an email to ploom@trnc.ploom.com or by calling the call center at 0392 444 7566